Seanad debates
Wednesday, 6 July 2022
Employment Equality (Amendment) (Non-Disclosure Agreements) Bill 2021: Committee Stage
10:00 am
Alice-Mary Higgins (Independent) | Oireachtas source
I will be very brief. I am very glad to see this Bill passing Committee Stage with support. I probably have some concerns. I realise the Minister proposes to introduce his own legislation. This is such strong legislation. With regard to some of the language mentioned on negotiations, it is important that, given the power imbalance in many of these situations, we do not end up with anything whereby it may be perceived that persons can negotiate or waive their right to speak in relation to an incident. That is important because the NDAs are damaging not only to the individuals who are pressured into signing or forced to sign them but also to institutions and other persons within institutions, and that is why there is a wider concern. Again, individual negotiations should not leave us in a situation where those who have perpetrated sexual harassment are granted anonymity. That is not the intent but we need to be vigilant about what comes next.
Regarding timeliness, we are being overtaken, as Senator Ruane has described. Other jurisdictions are copying this legislation and passing it. Senator Ruane and I have been asked to speak at international conferences of legislators who are seeking to copy this legislation. We have a really important issue that has been led in this House by Senator Ruane. I applaud the Minister again for taking the time to do the review and research and push it forward. Let us retain that momentum. It is crucial that it be a matter of legislation, not policy, and that there is no discretion regarding whether it should be used. Let us keep up the momentum and see early progress. Let us have Ireland lead in this really important area. As Senator Ruane said, it is part of a wider shift towards transparency away from secrecy. It is important and could be an international marker for us all.
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